NO, Gov. Northam, Your Gun Ban is NOT Constitutional

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Virginia Governor Ralph Northam proposes new and unconstitutional legislation. READ MORE

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SOURCE: NRA-ILA

As Virginia gun owners have shown their displeasure with Virginia Gov. Ralph Northam’s proposed attack on their rights in city and county meetings across the Old Dominion, Northam has been forced to answer questions about he and gun control financier Michael Bloomberg’s gun ban agenda. In doing so, the governor has proclaimed that he supports the Second Amendment and that his gun ban does not violate the U.S. Constitution. In truth, Northam’s proposed gun ban would violate the Second Amendment as interpreted by the U.S. Supreme Court in District of Columbia v. Heller and McDonald v. Chicago.

On Monday, December 9, Northam told reporters, “I’m a supporter of the Second Amendment,” adding, “I hear people out there saying that they don’t want law enforcement to enforce unconstitutional laws. Well we’re not going to propose or pass any unconstitutional laws.”

In a Wednesday meeting with reporters, Northam offered a veiled threat to sanctuary jurisdictions that have promised to not enforce unconstitutional gun laws stating, “If we have constitutional laws on the books and law enforcement officers are not enforcing those laws on the books then there are going to be some consequences…” The governor went on to say “Any law that we pass in Richmond and the eight pieces of legislation that I put on the table back in July — they’re constitutional, so that’s not going to be an issue.”

Northam’s allies in Richmond have proposed firearm confiscation legislation that would prohibit the sale and possession of commonly-owned semi-automatic firearms like the AR-15. The governor has stated that he intends to push legislation that would ban such firearms but grandfather possession by gun owners who register their firearms with the government.

Banning commonly-owned semi-automatic firearms under either proposal is unconstitutional. The U.S. Supreme Court has made clear that governments cannot ban these firearms as they are “in common use” for lawful purposes.

Taken alone, Justice Antonin Scalia’s opinion in Heller is enough to dispose of Northam’s comments. In the decision, Justice Scalia made clear that the types of firearms protected by the Second Amendment include those “in common use at the time” for “lawful purposes like self-defense.”

The firearms industry has estimated that Americans own more than 17.5 million semi-automatic rifles. The AR-15 is the most popular rifle in the U.S. and therefore indisputably “in common use” and protected by the Second Amendment.

Further, in the 1994 case Staples v. United States, the Supreme Court determined that semi-automatic rifles were common. The case concerned the criminal intent requirement for a conviction for possession of an unregistered machine gun. The subject of the case had argued that he was unaware that the AR-15 in his possession had been modified for automatic fire and was not simply a legal semi-automatic AR-15. In the majority opinion, Justice Clarence Thomas made clear that the mere possession of a converted AR-15 is not enough to infer intent sufficient for conviction, as some firearms are “so commonplace and generally available that we would not consider them to alert individuals to the likelihood of strict regulation.” Justice Thomas went on to write that most categories of guns, including semi-automatic rifles, “traditionally have been widely accepted as lawful possessions.”

All doubt as to whether the Supreme Court’s decisions in Heller and McDonald preclude bans on commonly-owned semi-automatic firearms was settled in 2015. That year, Justice Scalia joined Justice Thomas in a dissent from the denial of certiorari in Friedman v. Highland Park, a case concerning a local ban on commonly-owned semi-automatic firearms.

Justice Thomas explained,

Roughly five million Americans own AR-style semiautomatic rifles. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons.

Northam’s attempt to portray his Bloomberg-sponsored gun ban as constitutional is an absurd and transparent attempt to forestall the surging Virginia grassroots gun rights movement. Virginia’s gun owners have every reason to take defensive action against Northam and Bloomberg’s unconstitutional gun control agenda.

All Virginia gun owners must organize to fight against unconstitutional Bloomberg-backed gun control in the Old Dominion. Please contact Gov. Northam and let him know you oppose his unconstitutional gun control measures. You can contact Northam using the Governor’s Office contact form below or call his office at 804-786-2211.

 

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15 thoughts on “NO, Gov. Northam, Your Gun Ban is NOT Constitutional”

  1. The monopoly of violence this commie wishes to impose on his own state is TREASON!!
    The democrat party has been the party of hate, evil, from the beginning and is only growing its hate to include infanticide and is slowly turning citizens into slaves! I will NEVER COMPLY!! MOLON LABE MOTHERFUCKER!!

    1. YUP THAT ABOUT SUMS UP HOW MOST OF US FEEL MITCH!
      WELL SAID! MOLON LABE!
      HE SHOULD BE REMOVED BY THE POTUS & THE SCOTUS FOR TREASON AND VIOLATION OF THE US CONSTITUTION!
      HE NEEDS TO BE REMOVED FROM OFFICE NOT JUST SLAPPED ON THE HAND. HE NEEDS TO BE MADE AN EXAMPLE OF FOR THE REST OF THE SOCIO-COMMUNIST DEMOCRATS TO SEE. MAKE HIM THE EXAMPLE FOR ALL TO SEE.

  2. The monopoly of violence this commie wishes to impose on his own state is TREASON!!
    The democrat party has been the party of hate, evil, from the beginning and is only growing its hate to include infanticide and is slowly turning citizens into slaves! I will NEVER COMPLY!! MOLON LABE MOTHERF@KER!!

    1. In the days when Earl Warren was the Chief Justice of the Supreme Court, the Supreme Court was known as the pro crime Supreme Court, and the Democrat Party was known as a pro crime party. They haven’t changed much over the years have they.

  3. Wow… finally something from our “watchdog Wayne” guys. VCDL &, lately, GOA have been doing all the heavy lifting on this one, now the lords of Fairfax are going to put in their 2c so they can try to take some credit. Expect more ILA fundraising pleas in your mailbox.

    1. I told the “nra” to kiss my ass a long time ago! “pos northam” will find that we in VA, will NOT comply, will NOT submit & will KICK his ASS!, if he tries!

  4. The AR15 being a lot like the military’s M16, IS the Second Amendment rifle. Should the military change to another rifle, then that would be the Second Amendment rifle. When the Constitution was written a well regulated militia man would bring his military grade rifle to bare. There was no difference.
    There is a reason the Left is attempting to Take our AR15’s. It is the best way to break the Second Amendment.
    TREASON is the best way to describe the miscreants.

  5. He has threatened to “nationalize the National Guard,” which I don’t believe he can do technically. He can call up the Guard but only the President can Nationalize the Guard. At any rate, if he did that, then the commanders of the Guard would have a decision to make, and so would all the men in the Guard. When they were sworn into the Guard, they swore to uphold the Constitution of the United States, which the so call Governor’s action would be clearly violate, consequently the Governor’s order to confiscate people’s guns would be in direct violation of the 2nd Amendment, and the forced confiscation of these weapons would also violate the 4th Amendment. So do the commanders and troops proceed to violate the Constitution that they swore to uphold or do they stand by the governor and his clearly illegal order to confiscate people’s property without any legal reason, no properly executed warrant, and no laws being violated. This sort of thing could touch off a civil war. If the commanders are intelligent, they will tell the Governor to take his order and shove it and that would be the end of it. That is what I hope will happen. Then there is no blood shed and the Constitution and our freedoms will be upheld and supported.

  6. Wishful thinking on Northam not calling up the National guard . have you all forgotten Katrina , Over 6,000 firearms “stolen” from the citizens , last count was from the GOA who sued and so far only around 3,000 returned , Their told the others are “Missing ” . Bloomberg and Company are not spending 400 million for nothing , Its past time , About 75 years that Gun Owners quit playing Politics and paddy cakes , thats how we got here , Our founders figured it out and did it with Muskets . Sad

  7. This won’t go too far. Many people in neighboring states are eager to run over to Virginia if anything gets set in motion. The American public is the largest standing army in the world. Should they poke the bear, it would give great reason to unite all the free folk.

    The gun-grabbing left knows this, which is why they erode our rights slowly over time.. What happens in Virginia could very well cause something big.

  8. The Democrats (Demon-Cats) have slick ways of wording issues the way they want to. They say we have gun violence, It should be referred to as “People violence”. As the old saying goes people kill people, guns don’t. Guns and other objects are used to kill people but there must be someone behind that gun or object. Automobiles kill, airplanes kill, knives kill, electricity kills, water kills, the list goes on and on. Guns in America are blamed for a lot of killings, but still it is just an object. Guns are used to defend this country daily. These democrats want you and I to protect them, but don’t want us to protect ourselves and love ones. They want us to be 21 to own a rifle or handgun, but don’t mind us being 18 to go and fight for this country, Then restrict us from owning guns once we return home, if we return at all. If it were not for civilians /military gun enthusiast experimenting with firearms, we would still be fighting wars with the old muzzle loaders. We must not lag behind, we need to continue moving forward with knowledgeable people to design and manufacture advanced weapons like the AR style rifles we have now. Our democrat party is way behind when it comes to Knowledge. They need to be patting the Republicans on the back for taking a real stand for this country. We need more so called MEN to stand up for this United States not the baby thinking democrat party. God made this country what it is now. Believe in God , trust in God, along with the Republican party and we will have the best country in the world.

    GOD Republicans United States of America “The best team..”

    Don’t listen to the democrat Lies , VOTE them out!!!

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